Planning Efficiency Law Israel today

Will the amendment of the Planning and Building Law and the expansion of the powers of the local committees be approved in time and be a substitute for NPA 38?

• Extensive powers to the local committee

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Produced by the Department of Special Supplements

The election and the formation of a new government may lead to the postponement of the end of NAP 38, planned for October 2022. Meanwhile, the National Planning and Building Council this week discussed the amendment to the Planning and Building Law, which will also be an alternative to NPA 38. Existing law.

The question is whether the legislation will be implemented in time, against the background of the upcoming elections and the wait for the formation of a new government, and to what extent it will be a successful replacement for NAP 38 and a response to the endless planning processes.

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The amendment to the law will allow an alternative solution to the need to strengthen old buildings, by expanding the powers of local committees.

Among other things, it is proposed to determine a demolition and reconstruction route, in the framework of which it will be possible to approve plans in the local committees.

A route will also be determined for strengthening and condensing construction in an existing building, in case the committee decides that this option is preferable.

The committee will be given the authority to add building rights and the possibility of mixing tradable and public uses.

Another suggestion is a substantial reduction in the possibility of requesting relief.

The increasing use of facilitators has led to planning bypass licensing processes.

Licensing has in many cases become a kind of planning procedure, in which real changes are made to the original plan.

Planning at the licensing stage is inherently flawed, as it does not have a spatial vision or address the needs of the public arising from the approval of the concessions.

The use of the facilitation institution has led to the extension of the licensing procedure, the creation of a significant burden on the planning institutions and damage to the quality of the planning.

The increasing use of facilitators has also caused uncertainty on the part of developers and permit applicants.

In order to allow the flexibility required during licensing, it is proposed to stipulate that certain changes to the plan provisions may be permitted without the need to publish the application, on matters to be determined in regulations and whose planning impact is negligible, according to an opinion given by the local committee engineer.

Public needs

The proposal seeks to establish an up-to-date and effective arrangement regarding the need that has arisen in determining a public designation in part of a building.

This is in order to address the challenges and goals faced by the planning institutions, which are required, due to the lack of available land, to act and enable the development of development, while ensuring the needs of the public.

Another proposal is to authorize the planning institutions to include a provision in a detailed plan, which includes the designation of part of the new structure for public needs.

After completion of construction this part will be transferred to the ownership of the local committee.

The bill seeks to make a number of obligatory changes in the key economic areas that accompany the implementation of the law, relating to the eligibility stage for filing compensation claims for impairment and improvement levy.

The aim is to maintain a balance between individual rights and the public interest.

According to the amendment, entitlement to compensation for impairment and liability for the improvement levy due to the approval of a plan, will arise only at the end of the detailed planning procedures and making the provisions of the plan certain and granted rights.

It is proposed to amend a number of sections relating to the planning and licensing powers of the National Infrastructure Committee: to provide for the possibility of approving consolidation and division by agreement outside the framework of a plan;

Changes in regulations and procedures regarding land registration, including how to register a plan that includes subdivision into plots owned by one person;

Changes in procedures and conditions for determining spatial guidelines;

Providing the possibility for the district committee to approve the construction of a bridge or underground pedestrian crossing;

As well as additional amendments for the purpose of streamlining and improving the existing procedures, in light of the experience and difficulties that arise within the existing laws.

Fast realization

An inter-ministerial team to examine complementary tools for NAP 38, headed by the Director General of the Ministry of the Interior and the Chairman of the National Planning and Building Council, Mordechai Cohen, established by virtue of a government decision, continues its work and is expected to submit its recommendations to the Minister of the Interior soon.

The memorandum of law was prepared by the Planning Administration in cooperation with the Ministry of the Interior and in the opinion of the Minister of the Interior.

The bill will be submitted to the new government to be formed after the election, along with comments from the National Council.

The Minister of the Interior, Aryeh Deri: "The amendment of the Planning and Building Law will help to shorten the licensing procedures significantly, bring about a more efficient and faster implementation of construction and promote an alternative plan to NAP 38, which will better address public needs.

This is another important step towards the approval of the government and later also the approval of the Knesset. "

Produced by the Department of Special Supplements